Ontario Labour Relations Board
File No.: 3236-99-R Date: February 8, 2000
Between: Construction Workers Local 53 affiliated with Christian Labour Association of Canada, Applicant v. General Maintenance Services Inc., Responding Party.
Before: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c. 1 as amended (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4The responding party submits that its correct name is GMS General Maintenance Services. It was not clear whether GMS General Maintenance Services is a legal entity or whether that is the trade name of the legal entity that is the actual employer. The correct corporate name of the responding party is an issue that may be resolved subsequently.
5It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
6This is an application for certification within the meaning of section 128 of the Act. The applicant is not an affiliated bargaining agent of a designated employee bargaining agency. Accordingly, this application is made pursuant to section 158(4) of the Act which provides as follows:
158 ...
(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.
7The applicant has advised the Board that the responding party had in its employ, in the bargaining unit, only labourers, sheet metal workers, cement masons, carpenters, plumbers, and painters on the application date. The responding party submits that the appropriate bargaining unit should be described as an “all employee” bargaining unit rather than the usual construction industry bargaining unit. The responding party did not disagree with the applicant’s assertion concerning the identity of the unrepresented trades at work on the application date.
8The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all labourers, sheet metal workers, cement masons, carpenters, plumbers and painters in the employ of GMS General Maintenance Services in all sectors of the construction industry in the County of Lambton, save and except non-working foremen and persons above the rank of non-working foreman.
9The vote will be held on February 10, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The responding party is directed to post copies of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote.
11All individuals who were employed by GMS General Maintenance Services and at work in the voting constituency on February 3, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute, other than status disputes, must file a detailed statement of representations and all material facts upon which they rely with the Board and deliver it to the other parties, so that it is received within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 9: Status Disputes in Certification Applications in the Construction Industry.
14This matter is referred to the Registrar.
“Harry Freedman”
for the Board